Works specifically involving pipeline crossings should refer to the Pipeline Crossing Guidebook section. When planning your project, develop designs and select locations to minimize potential impacts to fish and fish habitat. If your works are outside the scope of this Guidebook then a MOE Approval application must be completed and DFO contacted to determine if a review and/or Authorization under the Fisheries Act is appropriate.

How to proceed with your Public Utility Works Project

The following steps will help guide you through the provincial and federal Notification, Approval and/or Authorization process for Public Utility works:

Best Management Practices

The following Best Management Practices (BMPs) are methods, that if followed, will help ensure your project minimizes potential impacts to fish and fish habitat and will provide a standard level of protection to the aquatic and terrestrial environment potentially affected by your project.

It is the responsibility of the proponent/developer to ensure that they are in compliance with all applicable
legislation.
There are three (3) types of BMPs you should consider:

General Project BMPs and Standard Project Considerations

Public Utility Works Specific BMPs

To achieve the required Standards and objectives that your activity must meet, apply the following BMPs as applicable to your works.
To reduce impacts on fish and wildlife habitats and populations, your Public Utility Works activities must consider:

A. Maintenance of Riparian Vegetation in Existing Rights-of-Way

Design

vegetation maintenance and removal of operational debris within the watercourse should adhere to Regional Timing Windows to prevent disruption of fish and wildlife habitat;

PUW03

ensure vegetation maintenance techniques do not employ the use of herbicides or other deleterious substances in or around the watercourse;

PUW04

if tree topping or maintenance works are being proposed within the riparian area an assessment by a Qualified Professional must be conducted to determine the presence and status of bird nests;

Operational

PUW05

maintenance activities (e.g. mowing, brushing, topping, slashing, etc.) must not damage more than one third (1/3) of the total woody vegetation in the right-of-way, within 30 m of the high water mark (HWM);

PUW06

retain riparian vegetation according to applicable legislation and manage (e.g. prune, top) only to a height required for operational and safety needs;

PUW07

maintain riparian vegetation in the right-of-way by using hand techniques, whenever possible;

PUW08

ensure refueling of hand tools (e.g. chainsaw) occurs at least 30 m from the high water mark (HWM) of the watercourse and employ measure to ensure spills do not occur. In the event of a spill, appropriate clean up procedures should be established prior to beginning works;

PUW09

if operation of machinery on land is required to maintain vegetation, ensure machinery minimizes disturbance to the banks of the watercourse;

install effective sediment control measures before starting work to prevent the entry or re-suspension of sediment in the watercourse and to prevent Harmful Alteration, Disruption or Destruction (HADD) of fish habitat;

PUW12

inspect sediment control measures regularly to ensure proper function and make all necessary repairs if any damage occurs;

PUW13

ensure root structure and bank stability are maintained when altering a tree located on the bank of a watercourse;

PUW14

avoid vegetation maintenance or management activities that will affect trees used by birds and other wildlife while they are breeding, nesting, roosting or rearing young;

PUW15

trees or other structures containing nests of eagles, peregrine falcons, gyrfalcons, ospreys, herons and burrowing owls are protected year-round and must not be felled;

PUW16

retain large woody debris and large diameter trees stubs (where feasible) as these structures are important for preservation of fish habitat and wildlife populations;

PUW17

fall trees away from the watercourse unless there is an immediate threat to the public;

conduct geotechnical evaluations for directional drilling and boring operations where channel and surficial morphology or presence of known buried debris and construction materials indicates a high risk of crossing failure;

PUW35

develop a frac-out response plan that includes measures to stop work, contain drilling mud, prevent further migration into the watercourse and process to notify all applicable authorities immediately should an incident occur;

PUW36

design the drill path at a minimum of 1 m depth below the watercourse to minimize the risk of frac-out and prevent the line from becoming exposed due to natural scouring of the stream bed;

PUW37

design drill entry and exit points far enough from the banks of the watercourse to minimize impact on these areas;

Operational

PUW38

ensure operators do not remove riparian vegetation between drill or bore entry and exit points in preparation of trenchless stream crossing operations;

store all waste materials outside of the riparian area and dispose of excess drilling mud, cuttings and other waste materials at an adequately sized disposal facility located away from the water to prevent it from entering the watercourse;

ensure clean-up measures are suitably applied so as not to result in further alteration of the bed and/or banks of the watercourse.

Operational

PUW53

excavate bell holes beyond the top of bank, a minimum of 30 m from any watercourse to preserve riparian vegetation and allow containment of any sediment or deleterious substances;

PUW54

treat water and divert uncontaminated water into a vegetated area or settling basin to remove suspended solids and prevent sediment and other deleterious substances from entering the watercourse, when dewatering bell holes;

PUW55

stabilize any waste materials removed from the work site (including bell holes) above the ordinary high water mark (HWM), to prevent them from entering any watercourse;

Post Works Mitigation

Supportive Information

The following sources provide you with additional planning, design, implementation and review advice for a variety of project-specific activities. Please follow the appropriate links to obtain further information on your project specific activity.